A purchased two computers from B’s shop, one for his home and the other for his office. Both computers were found to be defective. Does A have any remedy under the Consumer Protection Act?
TheSayeed Answered question March 15, 2024
Facts of the Case:
- A bought two computers from B’s shop.
- One computer was intended for A’s home, while the other was for his office.
- Both computers were discovered to be defective.
Issue in the Case:
- Whether A can seek remedy under the Consumer Protection Act for the defective computers.
Principle:
- The Consumer Protection Act, 1986 provides remedies for consumers who purchase goods for personal use.
Judgment:
- A can seek remedy under the Consumer Protection Act for the defective computer purchased for his home.
- According to Sec. 2(1)(d) of the Consumer Protection Act, a consumer is defined as a person who buys goods for personal use, excluding purchases made for resale or commercial purposes.
- Since the computer bought for A’s home constitutes personal use, he falls within the definition of a consumer under the Consumer Protection Act.
- However, the computer purchased for A’s office, which is intended for commercial purposes, does not qualify A as a consumer under the Act.
- This interpretation aligns with the ruling in the case of M/s. Lohia Starlinger Ltd. vs. M/s. Zenith Computers Ltd. (1991), where it was held that purchases made for company use are for commercial purposes and do not qualify the purchaser as a consumer under the Consumer Protection Act.
A can seek remedy under the Consumer Protection Act for the defective computer purchased for his home, as he qualifies as a consumer under the Act for personal purchases. However, the computer bought for office use does not afford him consumer protection under the Act, as it is considered a commercial purchase.
TheSayeed Answered question March 15, 2024